Patrick J. Boyer

It is possible to resolve almost any issue that arises during a divorce through an agreement between spouses. However, if couples were able to cooperate easily, they likely wouldn’t be seeking a divorce in the first place. While a spouse’s refusal to cooperate or refusal to sign divorce papers can delay the process, it cannot stop a divorce from proceeding in Delaware Family Court.

What Happens If Your Spouse Won’t Sign the Divorce Papers?

The first obstacle in an uncontested divorce becomes a contested divorce when one spouse refuses to sign. The process starts with serving the Petition for Divorce. If the other spouse does not voluntarily accept service, a process server will attempt to personally deliver the Petition. If those efforts fail, service by publication—usually on the Delaware Family Court’s website—is an option to move the case forward.

Can the Divorce Proceed Without Their Consent?

Yes. Once proper service is completed, the divorce case may proceed, and a Decree of Divorce can be granted even over a spouse’s objections. Under Delaware divorce law, spouses must be separated for six months and the marriage must be considered an irretrievable breakdown. Separation can occur even if both parties live in the same household—as long as they occupy separate bedrooms and no longer maintain a sexual relationship.

What If Your Spouse Ignores the Divorce Process?

After the Decree of Divorce is entered, the court will address any outstanding issues, including property division, alimony, and other economic relief, regardless of one party’s refusal to participate. If a spouse continues to be non-cooperative, the Family Court may impose legal consequences, including:

• Sanctions
• Awards of attorney’s fees
• Adverse inferences
• Default judgments

Bottom Line: You Can Still Get Divorced

In short, ignoring a divorce petition does not prevent the divorce from happening. If your spouse refuses to sign or participate, you still have legal options to move forward with the help of an experienced divorce attorney in Delaware.

Contact Patrick J. Boyer
Family Law Attorney | MacElree Harvey
Direct: 302‑504‑7294

Many clients have questions about the family law process in Delaware and Pennsylvania and how long a Family Court case typically takes. Below is a quick explanation of the standard timeline for a non-emergency family law case.

A case begins with the filing of a Petition in Family Court, where the Petitioner formally requests legal relief—such as divorce, child custody, or child support. The Petition outlines the facts of the case, the legal grounds for relief, and the specific remedies sought. Whether you are working with a child custody attorney in Delaware or a divorce lawyer in Pennsylvania, the process begins here.

After the Petition is filed, the other party—commonly referred to as the Respondent—must be served with legal papers. This means the Respondent must receive official notice of the legal proceedings, usually through personal service. Once served, the Respondent has 20 days to file an Answer, where they either admit or deny the claims made in the Petition. In addition, the Respondent may file counterclaims, such as requesting spousal support (alimony) if it was not included in the original filing.

After this initial stage, the case may proceed to family court mediation or be scheduled before a Family Court Judge for a Case Management Conference. Key topics discussed in this conference include discovery needs, the expected number of witnesses, and the scheduling of a final hearing in Family Court. If discovery is required, each party may request access to financial records, text messages, emails, or other documentation, and may conduct depositions with sworn testimony.

At the final hearing, both parties can testify, present witnesses, and submit evidence (such as documents or digital records) for the Family Court Judge’s consideration. After evaluating all submitted materials, the Judge will issue a final ruling. If either party disagrees with the decision, they have the right to file an appeal in Family Court, requesting review by a higher court.

By understanding this step-by-step family law timeline, clients can better prepare for proceedings and work more effectively with their Delaware or Pennsylvania family law attorney to achieve the best possible outcome.

If you have questions about Family Court, please contact MacElree Harvey’s Centreville Delaware office at 302-654-4454. Visit macelree.com to learn more.

Author Patrick J. Boyer concentrates his practice on Family Law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.